Overview of Lesson Plan: In this lesson, students learn about and discuss the implications of the June 23, 2003 Supreme Court rulings on affirmative action. They then research other cases, initiatives,
propositions and acts regarding affirmative action in the United States in order to prepare for a series of debates.

Author(s): Annissa Hambouz, The New York Times Learning Network Javaid Khan, The Bank Street College of Education in New York City

Suggested Time Allowance: 1 hour

Objectives:Students will: 1. Analyze statements written by Supreme Court Justices Sandra Day O’Connor and Clarence Thomas regarding the June 23, 2003 affirmative action decisions on
admissions at the University of Michigan. 2. Examine the two University of Michigan cases heard by the Supreme Court and compare ruling and dissenting opinions on those cases by reading and discussing “Justices
Back Affirmative Action by 5 to 4.” 3. Summarize the Supreme Court’s decisions in small groups; debate the role of affirmative action in higher education; present opinions to the class. 4.
Research other cases, initiatives, propositions and acts regarding affirmative action in the United States; present this research in the form of a debate.

Resources / Materials:-pens/pencils -paper -student journals -copies of the article “Justices Back Affirmative Action by 5 to 4″ (one per student) -four quotations
from Supreme Court Justices’ opinions from the June 23, 2003 decisions on affirmative action, typed on half-sheets of paper so that each student receives one of the four quotations (see “WARM-UP”
activity for quotations)

Activities / Procedures:1. WARM-UP/DO-NOW: Distribute one of the following quotations (typed on a half-sheet of paper) to each student upon entering the classroom: “In order to cultivate
a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race and ethnicity.” “Every
time the government places citizens on racial registers and makes race relevant to the provision of burdens or benefits, it demeans us all.” “Effective participation by members of all racial and
ethnic groups in the civil life of our nation is essential if the dream of one nation, indivisible, is to be realized.” “Access to legal education (and thus the legal profession) must be inclusive
of talented and qualified individuals of every race and ethnicity, so that all members of our heterogeneous society may participate in the educational institutions that provide the training and education necessary
to succeed in America.” Students respond to the following prompt in their journals (written on the board prior to class): “Read the quotation on your slip of paper carefully, and rewrite or summarize
it in your own words. What does this quotation mean to you? Who might have written or said it? To what do you think it refers? Do you agree or disagree with the quotation, and why?” Allow students several
minutes to read and respond to the questions, and then ask them to share their responses with the class. Inform students that the first, third, and fourth quotations are from Justice Sandra Day O’Connor’s
majority opinion from June 23, 2003, upholding the University of Michigan’s law school admissions policy. The second quotation is from the dissenting opinion, written by Justice Clarence Thomas. You may wish
to use this opportunity to review basic concepts regarding the Supreme Court, the Constitution, discrimination and affirmative action. 2. As a class, read and discuss the article “Justices Back Affirmative
Action by 5 to 4,” focusing on the following questions: a. What decisions did the United States Supreme Court make with regards to education on June 23, 2003? b. Which university’s policies
and procedures regarding affirmative action were in question? c. By how many votes did they make each decision? d. Why did the Court reach different conclusions on two similar cases? e. Which justice(s)
wrote in favor of affirmative action? f. Which justice(s) criticized affirmative action? g. What role did President Bush play in the discussion of affirmative action in education? h. How did Justice
Clarence Thomas’s statements on affirmative action differ from Justice Sandra Day O’Connor’s? i. Aside from race, what other criteria or factors are considered when admitting students to
the University of Michigan? j. What statement did President Bush make upon hearing the Court’s decision? k. How did this statement differ from the one he made in January, 2003, regarding the University
of Michigan policies? l. What does the organization “People for the American Way” do? m. What is the “20-point formula” used by the University of Michigan’s undergraduate
program? n. Why does Justice O’Connor mention the Bakke case in her concluding remarks? o. What role does Justice O’Connor believe affirmative action will play 25 years from now? 3. Divide
students into groups of four to five. Allow groups ten minutes to summarize the majority and dissenting opinions of the Supreme Court justices in both June, 2003 decisions (the University of Michigan undergraduate
decision and the University of Michigan law school decision). Next, have groups respond to the questions below (written on the board for easier student access). To foster more meaningful discussion, you may
wish to read a question aloud and allow students to discuss their responses for five minutes with their group. When the five minutes are up, read the next question and allow five minutes for discussion. Continue
this process until all questions have been discussed. Individual opinions and responses will vary, and each group will be responsible for reporting a summary of its opinions to the rest of the class. –Do
you agree with the 2003 Supreme Court ruling in Grutter vs. Bollinger (affirmative action in the University of Michigan’s law school admissions policy)? Why or why not? –Do you agree with the
2003 Supreme Court ruling in Gratz vs. Bollinger (affirmative action in the University of Michigan’s undergraduate admissions policy)? Why or why not? –What factors do you think should be considered
in college and professional school admissions? –Should some factors in the admissions process be weighed more heavily than others? If so, which ones? If not, why not? –If the Supreme Court
decision had eliminated affirmative action from institutions of higher learning, what do you think the outcomes would be? After students have completed their discussions, a “reporter” from each
group should share the opinions of his or her group, going question by question and allowing all students to respond in a class discussion before moving on to the next question. For the first two questions, you
may choose to list on the board the numbers of students who agreed and disagreed with the Court’s decision. You may also list the various factors students suggest for consideration in admissions. 4. WRAP-UP/HOMEWORK:
Now that students have a general understanding of the Supreme Court’s decisions regarding affirmative action at the University of Michigan, assign each student one of the following topics from the history
of affirmative action in the United States, making sure to evenly distribute topics: –Civil Rights Act of 1964 –Regents of the University of California v. Bakke (1978) –Hopwood
v. University of Texas Law School (1996) –Proposition 209 in California (1996) –Initiative 200 in Washington (1998) –“One Florida” Initiative (2000) For each
topic, assign at least one student to write an overview of the case (including its outcome); one to write a paper in support of the initiative, act, or plaintiff; and one to write a paper refuting the initiative,
act, or plaintiff. Students should present their findings in the form of a debate in a future class.

Further Questions for Discussion:–Do you think it is fair for students to be admitted to institutions based on “legacy” (parents and grandparents who are alumni) when they might
not meet other criteria for admissions? Why or why not? –In what areas other than university admissions have affirmative action laws played a role? Do you think there any of these areas are more or less
“appropriate” for affirmative action than others? Why or why not? –What role do you think affirmative action will play 25 years from now? –In what other aspects of life in the
United States do you think race plays a role?

Evaluation / Assessment:Students will be evaluated based on written responses to the initial assignment; participation in class and group discussions; and thoughtfully researched, written and presented
information on assigned affirmative action topics.

Extension Activities:1. Investigate your school’s admissions policies. What are the criteria required for admission? If you attend a public school, does your school or district have address
or zoning requirements? If you attend a private school, what factors do your administrators consider when accepting students? Publish your findings in your school’s paper. 2. The term “colorblind”
is used to describe a situation in which skin color or race would not have any bearing on the way one is perceived. Do you think this “colorblindness” was, is or ever will be possible? Why or why not?
Write an editorial expressing your opinion on the notion of “colorblindness.” 3. Three critics of University of Michigan’s affirmative action policies are President George Bush and Justices
Clarence Thomas and Anthony Scalia. Research the educational and professional lives of these men and evaluate whether their personal histories and experiences correspond to their contemporary political views. 4. The article mentions the Regents of the University of California v. Bakke case. Why did proponents of affirmative action consider this case to be groundbreaking? How have universities and colleges changed since
the Bakke decision? Write the script for a documentary titled “25 Years Since Bakke.” 5. Read the Supreme Court’s decisions and dissenting opinions on the University of Michigan cases. After
reading these primary sources, write an analysis of the state of affirmative action in the 21st century. The text of the law school case ruling can be found at //www.supremecourtus.gov/opinions/02pdf/02-241.pdf.
The text of the undergraduate ruling can be found at //www.supremecourtus.gov/opinions/02pdf/02-516.pdf. The transcript of the arguments in both cases
can be found at //www.nytimes.com/2003/04/01/politics/02TEXT1.html (free registration with NYTimes.com is required to access the argument transcripts.)

Interdisciplinary Connections:Economics- What is financial aid? Consult with a local college’s financial aid or admissions department to find out how financial aid is awarded to students,
what the criteria are to be eligible for aid, and what the differences are among scholarships, grants, loans and work-study programs. Create an informative brochure for college-bound seniors that includes your findings. Mathematics- Choose one school from each of the following categories: private liberal arts college, private university, state university, single-sex college and technical college. Research the total enrollment of
each school you have chosen, and then the percentage of racial minorities attending each school. How do the numbers compare among the different schools? Public versus private? Co-ed versus single sex? Technical
versus academic? Create a series of graphs to illustrate your findings.

Academic Content Standards:Grades 6-8 United States History Standard 31- Understands economic, social, and cultural developments in the contemporary United States. Benchmarks: Understands changes
in the workplace and the economy in contemporary America; Understands demographic shifts and the influences on recent immigration patterns; Understands various influences on American culture; Understands how different
groups attempted to achieve their goals (CTSS – ‘social’, ‘6-8’, ‘us11’) Civics Standard 9- Understands the importance of Americans sharing and supporting
certain values, beliefs, and principles of American constitutional democracy. Benchmarks: Identifies fundamental values and principles that are expressed in basic documents, significant political speeches and writings,
and individual and group actions that embody fundamental values and principles; Understands how certain values are fundamental to American public life (CTSS – ‘social’, ‘6-8’,
‘civ2’) Civics Standard 11- Understands the role of diversity in American life and the importance of shared values, political beliefs, and civic beliefs in an increasingly diverse American society.
Benchmarks: Knows a variety of forms of diversity in American society; Knows major conflicts in American society that have arisen from diversity; Knows how an American’s identity stems from belief in and
allegiance to shared political values and principles, and how this identity differs from that of most other nations, which often base their identity on such things as ethnicity, race, religion, class, language,
gender, or national origin; Knows basic values and principles that Americans share; Knows why it is important to the individual and society that Americans understand and act on their shared political values and
principles (CTSS – ‘social’, ‘6-8’, ‘civ2’) Civics Standard 13- Understands the character of American political and social conflict and factors that tend
to prevent or lower its intensity. Benchmarks: Knows conflicts that have arisen regarding fundamental values and principles; Knows how disagreements regarding specific issues may arise between people even though
the people agree on values or principles in the abstract; Knows sources of political conflict that have arisen in the United States historically as well as in the present (CTSS – ‘social’,
‘6-8’, ‘civ2’) Civics Standard 18- Understands the role and importance of law in the American constitutional system and issues regarding the judicial protection of individual rights.
Benchmarks: Understands the importance of the rule of law in establishing limits on both those who govern and the governed, protecting individual rights, and promoting the common good; Knows historical and contemporary
examples of the rule of law (CTSS – ‘social’, ‘6-8’, ‘civ3’) Civics Standard 21- Understands the formation and implementation of public policy. Benchmarks:
Understands what public policy is and knows examples at local, state, and national levels; Knows how public policies are formed and implemented, and understands how citizens can monitor and influence policies; Understands
why conflicts about values, principles, and interests may make agreement difficult or impossible on certain issues of public policy (CTSS – ‘social’, ‘6-8’, ‘civ3’) Civics Standard 25- Understands issues regarding personal, political, and economic rights. Benchmarks: Understands the importance to individuals and society of such personal rights as freedom of conscience and religion,
freedom of expression and association, freedom of movement and residence, and privacy; Knows important economic rights and knows statements of economic rights in the United States Constitution; Understands basic
contemporary issues involving personal, political, and economic rights (CTSS – ‘social’, ‘6-8’, ‘civ5’) Language Arts Standard 1- Demonstrates competence
in the general skills and strategies of the writing process. Benchmarks: Uses style and structure appropriate for specific audiences and purposes; Writes persuasive compositions (CTSS – ‘english’,
‘6-8’, ‘1’) Language Arts Standard 8- Demonstrates competence in speaking and listening as tools for learning. Benchmarks: Plays a variety of roles in group discussions; Asks questions
to seek elaboration and clarification of ideas; Listens in order to understand a speaker’s topic, purpose, and perspective; Conveys a clear main point when speaking to others and stays on the topic being
discussed; Presents simple prepared reports to the class (CTSS – ‘english’, ‘6-8’, ‘8’) Grades 9-12 United States History Standard 31- Understands
economic, social, and cultural developments in the contemporary United States. Benchmarks: Understands how changes in the national and global economy have influenced the workplace; Understands how recent immigration
and migration patterns impacted social and political issues; Understands major contemporary social issues and the groups involved (CTSS – ‘social’, ‘9-12’, ‘us11’) Civics Standard 9- Understands the importance of Americans sharing and supporting certain values, beliefs, and principles of American constitutional democracy. Benchmarks: Understands how the institutions of government
reflect fundamental values and principles; Understands the interdependence among certain values and principles; Understands the significance of fundamental values and principles for the individual and society (CTSS – ‘social’, ‘9-12’, ‘civ2’) Civics Standard 11- Understands the role of diversity in American life and the importance of shared values, political beliefs,
and civic beliefs in an increasingly diverse American society. Benchmarks: Knows how the racial, religious, socioeconomic, regional, ethnic, and linguistic diversity of American society has influenced American politics
through time; Knows different viewpoints regarding the role and value of diversity in American life; Knows examples of conflicts stemming from diversity, and understands how some conflicts have been managed and
why some of them have not yet been successfully resolved; Knows why constitutional values and principles must be adhered to when managing conflicts over diversity; Knows beliefs that are common to American political
culture; Knows how shared ideas and values of American political culture are reflected in various sources and documents (CTSS – ‘social’, ‘9-12’, ‘civ2’) Civics Standard 13- Understands the character of American political and social conflict and factors that tend to prevent or lower its intensity. Benchmarks: Knows why people may agree on values or principles in
the abstract but disagree when they are applied to specific issues such as the right to life and capital punishment; Knows how universal public education and the existence of a popular culture that crosses class
boundaries have tended to reduce the intensity of political conflict (CTSS – ‘social’, ‘9-12’, ‘civ2’) Civics Standard 18- Understands the role and importance
of law in the American constitutional system and issues regarding the judicial protection of individual rights. Benchmarks: Understands how the rule of law makes possible a system of ordered liberty that protects
the basic rights of citizens; Knows historical and contemporary practices that illustrate the central place of the rule of law; Knows historical and contemporary illustrations of the idea of equal protection of
the laws for all persons (CTSS – ‘social’, ‘9-12’, ‘civ3’) Civics Standard 21- Understands the formation and implementation of public policy. Benchmarks:
Knows a public policy issue at the local, state, or national level well enough to identify the major groups interested in that issue and explain their respective positions; Understands the processes by which public
policy concerning a local, state, or national issue is formed and carried out; Knows the points at which citizens can monitor or influence the process of public policy formation; Understands why agreement may be
difficult or impossible on issues such as abortion because of conflicts about values, principles, and interests (CTSS – ‘social’, ‘9-12’, ‘civ3’) Civics
Standard 25- Understands issues regarding personal, political, and economic rights. Benchmarks: Understands the importance to individuals and to society of personal rights such as freedom of thought and conscience,
privacy and personal autonomy, and the right to due process of law and equal protection of the law; Understands contemporary issues that involve economic rights such as consumer product safety, taxation, affirmative
action, eminent domain, zoning, copyright, patents; Understands how personal, political, and economic rights are secured by constitutional government and by such means as the rule of law, checks and balances, an
independent judiciary, and a vigilant citizenry (CTSS – ‘social’, ‘9-12’, ‘civ5’) Language Arts Standard 1- Demonstrates competence in the general skills
and strategies of the writing process. Benchmarks: Writes compositions that fulfill different purposes; Writes persuasive compositions that evaluate, interpret, and speculate about problems/solutions and causes
and effects; Writes reflective compositions (CTSS – ‘english’, ‘9-12’, ‘1’) Language Arts Standard 8- Demonstrates competence in speaking and listening as
tools for learning. Benchmarks: Asks questions as a way to broaden and enrich classroom discussions; Adjusts message wording and delivery to particular audiences and for particular purposes; Makes formal presentations
to the class; Responds to questions and feedback about own presentations (CTSS – ‘english’, ‘9-12’, ‘8’)

This lesson plan may be used to address the academic standards listed above.
These standards are drawn from Content Knowledge: A Compendium of Standards and Benchmarks for K-12 Education;
3rd and 4th Editions and have been provided courtesy of the Mid-continent Research
for Education and Learning in Aurora, Colorado.